Terms of Service

By accessing this site, you indicate your agreement with and
understanding of the following terms of use and legal restrictions
pertaining to both this site and the material in it. If you do not
agree to be bound by the conditions and terms in this Agreement, do not
subscribe to, access or otherwise use this site or Yabla services.

This Agreement (the "Agreement") is between you and Yabla,
("Yabla"), a corporation organized and existing under the laws of the
state of New York, and with a principal place of business located in
New York, NY, in the United States of America.

1) Limited End User LicenseYabla grants you a
non-exclusive, non-transferable, limited right to access, use and
display the online products you subscribe to or license (the "Content")
made available on the Yabla website (the "Site"), provided that you
comply fully with this Agreement. The Content is only for your
personal, noncommercial use. Each license is for use by one individual.
Each additional user requires a separate license.

2) Copyrights and TrademarksAll materials on the Yabla.com
website, as well as its subdomains, including without limitation text,
images, software, audio and video clips, and Fee-Based Services
(collectively, the "Materials") are owned or controlled by Yabla Inc.,
which retains all right, title, and interest in and to the Materials.
The Site and Materials are protected by the copyright and trademark
laws of the US and other countries, international conventions, and
other applicable laws.

You may not download, display, reproduce, create derivative
works from, transmit, sell, distribute, or in any way exploit the Site
or any portion thereof for any public or commercial use without the
express written permission of Yabla. Teachers who themselves may access Yabla products and videos in accordance with the terms of use may project the Yabla Player and associated videos to assembled students in classroom settings.

3) Disclaimer and WarrantyThe site (including all content,
software, functions, fee-based services, materials and information made
available thereon or accessed by means thereof) are provided AS IS,
without warranties of any kind, either expressed or implied, including,
but not limited to, warranties of title or implied warranties of
merchantability, fitness for a particular purpose, title,
compatibility, security, accuracy, or non-infringement. To the fullest
extent permissible by law, Yabla and its affiliates make no warranties
and shall not be liable for the use of this site under any
circumstances, including but not limited to negligence by Yabla. Yabla
does not warrant that the functions contained in the site or the
services, fee-based or otherwise, will be uninterrupted or error-free,
that defects will be corrected, that the site or fee-based services
will meet any particular criteria of performance or quality, or that
the site, including forums or the server(s) on which the site is
operated, are free of viruses or other harmful components.

4) Limitation of LiabilityUse of the site is at your own
risk. You assume full responsibility and risk of loss resulting from
your downloading, accessing or use of files, information,
communications, content, or other material (including without
limitation software) accessed through or obtained by means of the Site.
Under no circumstances shall Yabla or its affiliates, or any provider
of telecommunications or network services for Yabla or the affiliates,
be liable for any indirect, punitive, special, or consequential damages
that are directly or indirectly related to the use of, or the inability
to use, the site or fee-based services, even if Yabla, its affiliates,
or their providers of telecommunications or network services has been
advised of the possibility of such damages. The total liability of
Yabla and the affiliates hereunder is limited to the amount, if any,
actually paid by you for access and use of the fee-based services. You
hereby release Yabla and its affiliates from any and all obligations,
liabilities and claims in excess of this limitation. Some states do not
allow the exclusion or limitation of incidental or consequential
damages, so the above limitation may not apply to you.

5) Single UserEach assigned user name for a Yabla online
service is to be used solely by the individual to which it was issued. Requests for multiple user single site
licenses can be arranged and should be made to Yabla Inc.

6) Agreement To PayYou agree to pay, using the credit
information you provided us, the periodic subscription charges,
applicable taxes, and other charges incurred on your account in order
to access any fee-based services to which you have subscribed. Yabla
reserves the right to increase fees, or to institute new fees at any
time, upon email notice of 15 days or more.

7) Termination
Yabla reserves the right to restrict, suspend or terminate your access
to Yabla services, fee-based or otherwise, in whole or in part, with
respect to any breach or suspended breach of any portion of this
Agreement. In the event of such a termination, there will be no refunds
for unused time under the terms of your license or subscription. Yabla
reserves the right to refuse to provide services to you in the future.

8) Refund/Cancellation Policy
You may cancel your subscription to Yabla at any time for any reason
whatsoever. In the event of a cancellation, there will be no recurring
charges made to your credit card. If you cancel within the first 7
days of the commencement of your subscription, you will receive a full
refund of any fees paid. If you cancel after 7 days, access to the product
will remain in effect for the remainder the subscription, but you will not be
charged again, all recurring billing will cease, and the subscription will
lapse as of its end date.

9) Privacy PolicyWe will not sell, rent or give your
personal information to any third party for marketing or other purposes
without your explicit consent.

10) Modification to This AgreementYabla may modify this
Agreement at any time and changes are effective as soon as new
agreement is posted to site or notice is made via electronic mail. If
you are not satisfied with any such changes your only recourse and
right is to cancel your subscription.

11) Modification of the Yabla SiteYabla may modify the
Site in any way at any time, including fee-based services. Yabla may
impose limits on any Site features and/or services or restrict your
access to parts or all of the Yabla site without notice or liability.
If you are not satisfied with any such changes your only recourse and
right is to cancel your subscription.

12) Change in Fees or Fee StructureYabla may change fees
or fee structure for any product or service, including recurring
subscriptions, at any time. Notice of any such changes will be posted
in advance on the Yabla site and sent via electronic mail to any
subscribers with recurring subscriptions that may be affected.